Kwoyelo sentencing: ICD extends invitation to friends of court

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The International Crimes Division (ICD) of the High Court of Uganda has invited friends of court ahead of the sentencing of former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo. Kwoyelo was convicted of 44 offences on August 13, 2024.

Friends of court also known as amici curiae, are individuals or organisations that are not party to a legal case, but that are permitted to assist a court by offering information, expertise or insight that has a bearing on the issues in the case.

For the case of Kwoyelo, the friends of court would advise the court on his sentencing and the reparations of his victims, according to deputy ICD registrar Juliet Harty Hatanga.

“They are not limited to only sentencing but they are welcome to give their opinion … on what they think the reparations should look like, but of course the panel shall be guided by the legal principles and jurisprudence,” she says.

Speaking to New Vision Online on September 4, 2024, in Gulu city, Hatanga revealed that interested individuals and organisations are expected to write and submit their legal opinions to the court not later than September 17, to give time to the judges to read through and for the lawyers – defence, prosecution and the victims’ counsels – to be served for them rebuttal where necessary.

Juliet Harty Hatanga, the ICD Deputy Registrar speaking to our reporter at Gulu High Court Circuit in Gulu City. (Photo by Jesse Johnson James)

The court set October 16, 2024 as the date for sentencing Kwoyelo after the trial judges Michael Elubu, Duncan Gaswaga, Stephen Mubiru and Andrew K. Basaija found him guilty of 44 offences including murder, attempted murder, rape, kidnap, torture, inhumane acts, cruel treatment, aggravated robbery and pillaging.

Committed between 1994 and 2005 in the areas of Pagak Internally Displaced Persons’ Camp and Pabbo sub-county in Amuru district, the offences violate some sections of the Penal Code Act, Article 3 common to the Geneva Convention and the Customary International Law.

During the ruling, the defence and victims’ lawyers requested the judges to order for the provision of a social impact assessment report on the convict from Amuru district and the report on his conduct while on remand, documents that have already been availed, according to Hatanga, adding that all that is left is for the two parties to include them in their submissions.

IDC outreach in Amuru

Between September 2 and 4, the IDC registry engaged various stakeholders including Kwoyelo’s victims in Amuru district and other civil society organisations (CSOs) working with the LRA victims in northern Uganda.

The engagements were aimed at disseminating the recent court ruling in Kwoyelo’s case and also collecting the views of the stakeholders on the remaining court process (sentencing and reparations order).

Victims' requests 

While in Amuru District on Monday 2 and Tuesday 3, the victims’ communities want the court to order for the comprehensive reparations of the victims including monetary compensation, physical and psychosocial rehabilitation, and memorialization, among others.

One of the direct victims of the convict asked for immediate psychosocial support of the victims of Pagak IDP camp attack, saying the dark memories still haunt them.

Meanwhile, others have asked for physical rehabilitation since many of the victims are leaving with bullet or bomb fragments in their bodies, as others have been permanently deformed.

Robert Adongakulu, an opinion leader based in Gulu City who was also a language interpreter during Kwoyelo’s trial, asked the court and other stakeholders to help manage the expectations of the victims as far as their reparations is concerned.

According to him, most of the victims are expecting the reparations to come in monetary terms, which might not be the case.

Lady Justice Okalany speaks on Transitional Justice policy 

On the other hand, Lady Justice Susan Okalany, the deputy head of the IDC asked the parliamentarians to fight hard to have the Transitional Justice Policy passed into an Act of Parliament, since it has good provisions that would benefit all the victims of the different unrests across the country.